‘Hold apartment associations responsible for not posting lifeguards at pools’: Karnataka HC

The Karnataka High Court has directed apartment associations to implement essential safety measures while balancing residents' privacy. Justice M. Nagaprasanna emphasized the critical need for safety in apartment complexes, particularly those with swimming pools, in response to a petition filed by the Prestige LakeSide Habitat HomeOwners Association in Bengaluru.

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The case arose following the tragic death of a nine-year-old girl in the apartment’s swimming pool on December 28, 2023. The association's president and office bearers faced charges under IPC sections 304 (culpable homicide not amounting to murder) and 149. They contested the charges, arguing that privacy concerns prevent guards from monitoring children around the pool.

Justice Nagaprasanna highlighted that leaving swimming pools unattended, especially without a lifeguard, is a significant oversight by the apartment associations. He stated that associations bear the responsibility for ensuring the safety of all residents, particularly children. The absence of a lifeguard during the incident was deemed a failure of duty by the elected association members.

The court ruled that while the intent to kill was absent, the association's negligence warranted charges under Section 304A, which pertains to causing death by negligence, rather than Section 304. Consequently, the court dismissed the charges under Section 304 and instructed the lower court to prosecute the petitioners under Sections 304A and 149.

Justice Nagaprasanna urged apartment associations to adopt measures to prevent such tragedies, stressing the importance of protecting children's lives in residential complexes. The ruling underscores the necessity for apartment associations to balance safety protocols with privacy considerations to avoid similar incidents.